Lawsuit Alleges AIG Direct Violated Telephone Consumer Protection Act (TCPA)
AIG Direct Insurance Services Inc. is facing a class action lawsuit alleging that the company violated the Telephone Consumer Protection Act (TCPA). The plaintiff is a Florida woman who alleges that AIG Direct telemarketers continue to harass her with telephone calls even though she asked them to stop contacting her on multiple occasions. The plaintiff also states that she has been registered with the National Do Not Call Registry since 2006.
The class action attorneys at Parker Waichman LLP have decades of experience representing consumers in class action lawsuits. The firm continues to offer free legal consultations to individuals with questions about filing a TCPA Violation class action lawsuit.
The plaintiff says that when AIG Direct first contacted her through an unsolicited phone call, she told the representative that the company had reached the wrong person. Specifically, the plaintiff informed the AIG Direct telemarketer that there was no one by the name “Tim” or “Tom” at her address. The suit alleges that the plaintiff told the company to stop calling on multiple occasions, but continues to be harassed.
According to the complaint, the plaintiff registered her cell phone number with the National Do Not Call Registry on Jan. 27, 2006. Consumers can register under the Do Not Call list if they do not want to receive sales calls. The plaintiff says she has been receiving unwanted telephone calls from AIG Direct since October 2016. When answering the calls, she says she told the company to stop calling since the person they were looking for did not live there.
Despite the plaintiff’s demands, the lawsuit states, AIG Direct allegedly continued to make unauthorized phone calls. The plaintiff states that she received four phone calls within a span of 34 minutes. Two calls were received six minutes apart.
The plaintiff states that she never had a business relationship with AIG Direct and never signed a written agreement to receive any telemarketing calls. Despite repeatedly telling the company to stop contacting her, the suit alleges, the plaintiff continues to receive unsolicited phone calls. The class action lawsuit alleges that AIG Direct has violated the TCPA.
A class action lawsuit is when there is one complaint representing a group of plaintiffs, known collectively as a plaintiff class, against a common defendant. The complaint alleges that the defendant wronged all members of the class in the same way. All members of the class are represented by the class action complaint, whether they realize it or not. A class action lawsuit can also contain subclasses. In this TCPA violation class action lawsuit, the plaintiff seeks to represent herself and three classes.
The complaint seeks one class representing consumers who AIG Direct claims to have obtained consent from (Autodialed No Consent Class). Another class seeks to represent consumers whose phone numbers are listed on the National Do Not Call Registry. The third proposed class is the Autodialed Stop Call Class, which seeks to represent all consumers who directly told AIG Direct to stop calling.
Consumers can receive between $500 and $1,500 per TCPA violation by filing a class action lawsuit. The plaintiff alleges that AIG Direct caused harm, nuisance, aggravation, and the blatant interference of the plaintiff’s enjoyment of her cell phone.
What is the TCPA?
The TCPA was passed by Congress in 1991 to address the growing number of telemarketing calls. The act places restrictions on unsolicited sales calls, automated dialing systems, and artificial or prerecorded voice messages.
The Federal Communications Commissions (FCC) collaborated with the Federal Trade Commission (FTC) in 2003 to revise TCPA. The agencies subsequently established a national Do Not Call registry, where consumers can register their phone numbers to prevent marketing calls. Certain nonprofit organizations can still make phone calls, along with political groups, debt collectors and telephone surveys.
If you receive a telemarketing call 31 days after registering, you can report it to the FTC.
The FCC made changes to TCPA rules again in 2012. Now, telemarketers are required to obtain written consent before making robocalls. Additionally, telemarketers can no longer avoid getting consent by claiming to have an “established business relationship”. The revised rules also state that telemarketers must provide an automated, interactive “opt-out” feature during each robocall allowing consumers to immediately tell the telemarketer to stop calling them.
Filing a Class Action Lawsuit
If you or someone you know is interested in filing a class action lawsuit, contact Parker Waichman today. Our experienced personal injury and product liability attorneys offer free, no-obligation case evaluations. For more information, fill out our online form or call 1-800-YOURLAWYER (1-800-968-7529).